Michigan Felonious Assault Defense - What Are The Court Hearings?

Michigan Felonious Assault Defense Involves Appearing at Many Court Hearings. But What Happens at Each One?

Facing a Michigan Felonious Assault charge can be a life-changing experience. The possible penalty for a Michigan Felonious Assault include up to 4 years in Prison (although your actual sentence will be determined by your Sentencing Guidelines - click here for an article about Felonious Assault Sentencing). You and your Michigan Felonious Assault Defense Lawyer need to make the most of each Court appearance by accomplishing a set of Michigan Felonious Assault Defense objectives. What are they? Read on to find out...
  • Michigan Felonious Assault Arraignment: You've probably already been arraigned by video or in-person. Judge informs you of the charge and the maximum 4 year penalty. Felonious Assault Defense Objective: file and serve Appearance and Demand for Discovery, waive a formal reading of Complaint, and argue, per the factors in Michigan Court Rule 6.106, for a low Bond so you don't have to fight your case from a Jail cell.
  • Michigan Felonious Assault Pre-Exam Conference: Meeting between your Michigan Felonious Assault Defense Attorney and the District Court Prosecutor to discuss the status of your case and whether a plea deal will be reached in the early stages. Felonious Assault Defense Objective: receive preliminary discovery, including Police Report and Witness Statements. Request a copy of all audio, video, and other evidence. Get a sense of how the Prosecutor feels about you, your accuser, and your case. Find out if there is a Special Prosecutor assigned to your case. Ask for a reduction/modification to your Bond amount or conditions.
  • Michigan Felonious Assault Preliminary Exam: a "mini-trial" where your accuser and (perhaps) the investigating/arresting Police Officer take the witness stand and give testimony under oath. Felonious Assault Defense Objective: cross-examine the accuser, get a feel for how they would testify at Trial, establish inconsistencies in their claims, cross-examine the Officer(s) and establish frailties in their investigation and decision to arrest, etc. Argue to have the case dismissed. Produce a transcript that can be used later. This is the ONLY opportunity to challenge the State's case against you before Trial.
  • Michigan Felonious Assault Arraignment on the Information (also called the "AOI" or "Circuit Court Arraignment): yet another Arraignment after the Preliminary Exam, but this time in the Circuit Court rather than District Court. Felonious Assault Defense Objective: this is a perfunctory hearing. Attempt to waive this hearing in writing to avoid having to come to Court. If not permitted, appear, find out who Circuit Court Prosecutor is, receive additional discovery, discuss you Sentencing Guidelines. Set future dates in the case. Enter into a plea deal if one is offered, and its terms are acceptable to you.
  • Michigan Felonious Assault Pretrial Conference (various names, for example "Docket Conference," "Calendar Conference,"Special Pretrial"): this is an opportunity to resolve the case by way of a plea to a reduced charge or a sentence that leaves you certain about the outcome, if that is what you wish to do. These hearings get "adjourned" several times in most cases. This is the phase where your case will spend the most time. Felonious Assault Defense Objective: negotiate and reach a plea deal if that is what you wish to do after advice from your Michigan Felonious Assault Defense Lawyer. Enter the plea before the Judge if a deal is reached. If not, report this fact to the Judge and set a Trial date.
  • Michigan Felonious Assault Motion Hearing: a hearing held because your Michigan Felonious Assault Attorney has filed a written request and legal brief asking the Court to make a certain ruling about your case (a "Motion"). For example, an argument before the Judge asking to have damaging evidence against you excluded from the Jury's presence at Trial. Felonious Assault Defense Objective: win and have damaging evidence excluded from being used against you at Trial. Argue stronger than the Prosecutor, who will wish to have the evidence allowed. Show the Prosecutor you're serious about fighting the Michigan Felonious Assault charge and chip away at their case to increase the likelihood of an excellent plea deal or a dismissal.
  • Michigan Felonious Assault Evidentiary Hearing: a hearing on a Motion (just like above) except in this type, the testimony of one or more witnesses is necessary for the Judge to decide the Motion, pursuant to law (for example, a "Walker hearing" where your Michigan Felonious Assault Defense Lawyer has filed a Motion to dismiss your incriminating statement or confession. Felonious Assault Defense Objective: execute a detailed and well-prepared cross-examination of the necessary witnesses to establish facts that support the legal grounds to achieve the ruling you want (i.e. a statement you made to Police under duress is not allowed to come into evidence at Trial.
  • Michigan Felonious Assault Trial: you know what this is. Jury Selection ("Voir Dire"), Opening Statements, Cross-Examination of the State's Witnesses, Direct Examination of your Witnesses [including Character Witnesses - yes, you CAN use them under Michigan Rule of Evidence 404(a)(1)], Closing Arguments, Verdict. Felonious Assault Defense Objective: NOT GUILTY!!!
  • Michigan Felonious Assault Sentencing (if necessary): if you have taken a plea of Guilty or No Contest, this is the hearing where the Judge imposes your punishment, or Sentence. The Sentence goes into effect immediately. Felonious Assault Defense Objective: Above all else, AVOID this hearing with a verdict of NOT GUILTY!!! Otherwise, enforce a pre-negotiated Sentence Agreement whereby you will have already known what the Sentence would be before you gave your plea (i.e. Probation but NO JAIL).
Still reading? You could be talking to an experienced Michigan Felonious Assault Lawyer instead! Get real answers to your unique questions by calling The Law Office of Brian J. Prain, PLLC anytime at (248) 731-4543. Or, fill out the Contact Form.
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